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Re: ChrisMissing post# 2627

Wednesday, 10/11/2017 7:30:56 PM

Wednesday, October 11, 2017 7:30:56 PM

Post# of 3063
I have no idea why neither of the litigations between CDXC and Elysium involves a patent infringement claim, but there are a lot of possibilities:

1. Maybe Elysium isn't infringing -- we don't know how they are creating their NR, and ChromaDex mighty not know, either.

2. There is no rush for a lawsuit. If Elysium is willfully infringing, they would be liable for damages for the entire period of infringement, so CDXC is allowed to let it ride.

3. CDXC might not want to pay lawyers to initiate a third litigation simultaneously.

4. A Patent Infringment lawsuit might create confusion with the litigation in the Central District of California, which involves an unrelated patent misuse claim -- unrelated to infringement, but could be confusing to have two different kinds of patent litigations.


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